The first plenary meeting of the 24th meeting of the Standing Committee of the 13th National People's Congress was held to discuss a high-level free trade port with Chinese characteristics and to clarify the various institutional arrangements of the Hainan Free Trade Port in legal form. The meeting of chairpersons put forward a proposal to introduce the draft law on the Hainan Free Trade Port. On behalf of the meeting of chairpersons, Shen Chunyao, director of the Legislative Affairs Committee of the Standing Committee, gave an explanation.
In order to protect the construction of a Chinese-specific free trade port and improve the structure of the intellectual property courts, the Supreme People's Court has submitted a motion to discuss a draft decision on the establishment of the Hainan Free Trade Port Intellectual Property Court.
The draft decision, presented at the 24th meeting of the Standing Committee of the 13th National People's Congress, showed that China intends to establish the Intellectual Property Court of the Hainan Free Trade Port and ensure the construction of a free trade port with Chinese characteristics, improve the structure of intellectual property courts and to strengthen judicial protection of intellectual property rights.
The Hainan Free Trade Port Intellectual Property Court intends to exclusively regulate matters in Hainan Province, which should be under the jurisdiction of the Intermediate People's Court. In civil, administrative and criminal IPR cases, a three-in-one IPR process is applied.
The jurisdiction of the Intellectual Property Court of the Hainan Free Trade Port specifically includes: inter-regional jurisdiction over relevant patents, technical secrets, computer software, new plant varieties, integrated circuit layouts, identification of well-known trademarks and monopolies that originate in Hainan province ...
The draft also stipulates that the decisions and appeals of the first instance court issued by the Intellectual Property Court of the Hainan Free Trade Port will be heard by the Hainan Superior People's Court, unless special provisions are provided for in the law.
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